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Theory and Practice of Forensic Science

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Vol 18, No 4 (2023)
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THEORETICAL ISSUES

6-11 902
Abstract

The article considers different approaches to the study of spontaneity and readiness of speech – in linguistics and forensic linguistics.

In linguistics, there are two directions of studying the spontaneity and preparedness of sounding speech: the study of the speech flow as a whole and the analysis of speech by language levels. In the first case, the main attention is paid to the ontogenesis of speech thinking, the formation of a person’s communicative competence, as well as the mechanisms of speech generation. In the level-by-level analysis of oral speech, the study of the phonetic level of the language occupies a leading place, while research at other levels of the language is presented unsystematically. In the practice of forensic examination, gradations of sounding speech are determined according to the criterion «prepared speech – unprepared speech». The parameters that are taken into account in the study of sounding speech for the identification of signs of preparedness and spontaneity are established: type (form) of speech; genre in which the speech is performed; age of the speaker; the speaker’s level of education, his professional activity, social status; parameters of the communicative situation: the addresser and the addressee, the relationship between the speaker and the listener, the tone of communication, the purpose, means of communication, the place of communication, etc.; the nature of communication.

The author of the present article attempts to develop possible directions for the study of sounding speech in order to determine its spontaneity and preparedness.

12-22 783
Abstract

The essence of the forensic activities is the research performed by a knowledgeable person. The basis for such research is his process of thinking. The article addresses the main forms of thinking which are involved in the professional training of an expert and his subsequent practice: analytical, synthesizing, logical, theoretical, empirical, intuitive irrational, rational and comprehension. The application of various forms of thinking is analyzed using examples from the work of forensic construction experts.

The author demonstrates that a forensic expert should have a clear idea of how to consciously organize his ideas related to professional activity applying some self-control. This is necessary to ensure a clear structure and a strict, logically verified sequence of mental operations performed during research and within the framework of forensic activities. Higher level thinking paves a shorter and more reliable path to understanding the cognitive problems an expert is facing.

LEGAL AND REGULATORY FRAMEWORK

23-27 797
Abstract

The article reviews the issues of attributing artisanally produced liquids to alcoholic beverages in accordance with the definition of Federal Law № 171-FZ of 22.11.1995 «On State regulation of production and turnover of ethyl alcohol, alcoholic and alcohol–containing products and on restriction of consumption (drinking) of alcoholic products» (FZ № 171-FZ).

Before classifying a liquid as an alcoholic product, it is necessary to give it a specific name of an alcoholic beverage, and this requires establishing the compliance of all liquid indicators (organoleptic, physical and chemical, packaging, labeling) with GOST requirements for a specific type of beverage. The author proposes to supplement the definitions of «alcoholic products» in Federal Law № 171-FZ, since artisanally made liquid can be sold under the guise of an alcoholic beverage (if it is in a glass container with an indication of the type of alcoholic products). Thus, this will significantly accelerate the process of establishing punishment under Articles 171.3 and 171.4 of the Criminal Code of the Russian Federation.

METHODS AND TOOLS

28-35 1087
Abstract

The article describes the possibilities of applying artificial intelligence systems used in a number of tasks arising in the course of law enforcement activities and also beyond them. The author gives examples of solving identification, prediction, and detection problems that are successfully solved using such systems. Based on the analysis of the principles of the construction and functioning of the neural network, which forms the basis of artificial intelligence, as an abstract model created to solve a specific problem, the capabilities of neural networks as a whole are revealed, and thus the features of working with them are demonstrated. The procedure and principles of operation of convolutional neural networks are described and, using their example, the results that can be achieved during forensic handwriting and technical forensic examinations of documents, as well as studies conducted within the framework of forensic expert activities, in particular, the identification of signs of technical forgery of documents (installation, erasure, additions, finishing) are indicated, establishing the facts of the execution of several signatures or handwritten records by one or different performers, establishing the original content of the records, fragments of which have been partially lost or distorted. The prospects and significance of convolutional neural networks are revealed, the use of which in the expert research process makes it possible to increase the scientific validity and objectivity of the conclusions of forensic examination and, thereby, creates prerequisites for increasing its role in proving facts of importance.

36-45 353
Abstract

The article considers the experience of researching the works of fine art in situations of recourse to specialists in the field of forensic portrait examinations when deciding on the attribution of works in cases when art historians do not solve these issues. The study of the physical features of the depicted persons using the method of portrait identification allows to establish the identity of the characters on the painting. The author also demonstrates the specifics of the methodology of such studies.

FORENSIC CASEWORK

46-55 511
Abstract

The article provides recommendations based on the author’s personal experience on conducting patent and technical forensic examination of inventions and utility models. It complements the recently published educational and methodological manual, which highlights the legal norms and practical aspects of patent and technical expertise. The main sections of the article are devoted to the prevention of procedural violations, ensuring the sustainability of conclusions and are accompanied by a number of practical examples.

DISCUSSIONS

56-64 829
Abstract

The article presents an analysis of the terms «knowledgeable persons» and «forensic expert». Based on the historical analysis of the activities of the «knowledgeable persons» figure and the «expert» figure, a logical sequence of concepts has been established: knowledge – science – knowledgeable persons – knowledgeable persons’ specialized knowledge – expert knowledge – forensic expert’s specialized knowledge – specialized knowledge in an expert specialty – a forensic expert. The authors consider the criteria for differentiating forensic expert’s specialized knowledge into: «expert knowledge», «forensic expert knowledge», «specialized knowledge in an expert specialty». They also propose to distinguish «specialized knowledge» as a legal category. In this case, «forensic expert’s specialized knowledge» is seen as expert knowledge as a result of obtaining forensic expert education and experience in conducting forensic examinations within the framework of its specific type, as well as specialized knowledge in an expert specialty (a specific expert specialty is indicated), which should be understood as expert knowledge, skills and abilities acquired during the development of a specific expert specialty and the subsequent acquisition of professional experience in the production of forensic examinations of a specific type. The feasibility of differentiating forensic expert’s specialized knowledge is analyzed, considering the type of forensic examination in which he specializes. A classification of the names of forensic experts is proposed based on differences in the expertise required to produce a certain kind of forensic examinations.

БИБЛИОГРАФИИ И ИСТОРИЧЕСКИЕ ОЧЕРКИ

65-71 342
Abstract

When describing the history of modern forensic science and practice, the vast majority of scientific and educational publications deservedly note the crucial role of the Austrian forensic investigator and Professor Hans Gross, who wrote and published «Guide for forensic investigators as a system of forensic science» in 1893. However, long before Hans Gross, a book by the Florentine criminal judge Antonio Maria Cospi, «The Judge-Criminalist», was published in Italy in 1643. In some Latin American and Italian publications devoted to the history of criminalistics, there are references to this book, but no descriptions of its contents or information about the author are given. This article makes an attempt to pay tribute to Kospi’s contribution to the formation and development of criminalistics.

INTERNATIONAL PERSPECTIVES IN FORENSIC SCIENCE

72-81 305
Abstract

The article considers particular reasons for the start of a pre-trial investigation, which are associated with the participation of persons having specialized knowledge in the proceedings.

By using a number of methods of cognition of the circumstances of reality, the authors identify the issues that require resolution at the intersectoral level. Among the problematic aspects that cause the violation of citizens’ rights, there is a premature start of the pre-trial investigation, which is also due to the inconsistency and unreliability of the conclusions of experts and specialists involved both before and during the pre-trial investigation.

To improve the studied sphere of public relations, proposals are made on overcoming of organizational and legal shortcomings of operational investigative activities, reasons for starting a pre-trial investigation, as well as filling the gaps in the current legislation, in terms of bringing experts and specialists to administrative and criminal responsibility.

82-89 347
Abstract

Nowadays sex-age gap, stature, and ancestral ties are used as biological markers to identify people for forensic purposes. This study was carried out to investigate sexual dimorphic characterization in a small ethnic group in northern Nigeria as seen in hand lengths and ratios. The present study was conducted on 862 subjects (308 males and 554 females) aged 11 to 19. Hand length measurements were taken from the ventral crease to the tip of the finger as r2d, l2d, l2d, l4d, and 2d:4d respectively. Student’s t-test was used to describe data and sex differentiation. Pearson’s correlation analysis was applied to establish relationship between stature and age with hand length ratios. Multiple regression models were generated to back up the strength of relationship by prediction from digit lengths for stature. P<0.05 was considered statistically significant.

99-106 548
Abstract

This section presents translated abstracts of selected papers that appeared in the following periodicals: Journal of Forensic Sciences [www.wileyonlinelibrary.com/journal/jfo] and Forensic Science International: Animals and Environments [www.elsevier.com/locate/fsiaе].



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ISSN 1819-2785 (Print)
ISSN 2587-7275 (Online)